Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: I CLAIMED BANKRUPTCY AND WILL HAVE A DISCHARGE ON DEC.12,2012 BUT SOME CREDITORS ARE STILL LISTED ON MY CREDIT REPORT.

IS THAT NORMAL? AND WHEN WILL THEY FALL OFF?

Ted A Greene
Ted A Greene
answered on Dec 1, 2012

Some or all your creditors will be listed on your report, they will have a chapter 7 discharge status as soon as your case gets discharge. Just be sure to work hard on repairing your credit and you will be on your way to credit restoration soon.

1 Answer | Asked in Bankruptcy for California on
Q: How do I find out status and details of my Ch.7? I have no more money to continue w/attorney. Trustees will give no info
Ted A Greene
Ted A Greene
answered on Dec 1, 2012

get a case number and you can look up your status at the federal court house, their computer system should be able to show you where you are at with the process, if you need help feel free to give us a call 916 442 6400

1 Answer | Asked in Bankruptcy for California on
Q: In a Chapter 7 bankrutpcy, is restitution in a juvenile proceeding dischargeable by the parent who is obligated?
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

Criminal Fines / Restitution are not dischargable.

1 Answer | Asked in Bankruptcy for California on
Q: Can you add contractors bond in bankruptcy and rental lease aggreement
Andrew Bresalier
Andrew Bresalier
answered on Aug 20, 2012

Yes, as long as fraud is not involved, or you have not waived your right to Bky.

1 Answer | Asked in Bankruptcy for California on
Q: HOW MUCH DOES IT COST APPROX FOR A MARRIED COUPLE TO FILE CHAPTER 7
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

Different lawyers charge different fees. A Chapter 7 should cost more for a small business owner or if there are tax debts. A Chapter 7 should cost somewhat less if there is no small business, if there are no tax debts.

Many attorneys give free consultations and will give you a quote when...
View More

1 Answer | Asked in Bankruptcy for California on
Q: Once I file bankruptcy documents with the court how soon before those records are made public?
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

The documents are public when they are filed, except for your social security number.

1 Answer | Asked in Bankruptcy for California on
Q: Can a creditor file an adversary proceeding based on malicious and wrongful conduct in a chapter 13 bankruptcy?
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

Yes. If you don't have a lawyer you should get one as soon as possible.

1 Answer | Asked in Bankruptcy for California on
Q: How much money am I allowed to have in my bank account if I file a bankruptcy in California?
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

The exemption that is usually used for money in bankruptcy in California is called the Wild Card Exemption. You can use more of it on a bank account or less depending on what else you are trying to protect.

Exemption planning for cars, for houses, for bank accounts is complicated. For the...
View More

1 Answer | Asked in Bankruptcy for California on
Q: What is the difference between chapter 7 and chapter 11 bankruptcy?
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

Chapter 7 is a liquidation and Chapter 11 is a reorganization. Chapter 13 is also a reorganization.

In Chapter 7, you can only keep what you can exempt under California law. The non exempt property if any will be sold to pay debts.

In Chapter 11 and Chapter 13, you propose a payment...
View More

1 Answer | Asked in Bankruptcy for California on
Q: I am a low income senior with approx 10,000 credit card dept,can afford to pay should I file chapter 7,11 or what
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

You should talk with a lawyer. Many bankruptcy lawyers have free consultations. Chapter 11 is not what you want. It is for large businesses or people with very large income or very large debts.

Because you are a low income senior, you might not have to file for bankruptcy at all. First find...
View More

1 Answer | Asked in Bankruptcy for California on
Q: Do I need a lawyer to reprt My step father for lying on his bankruptcy with a pending lawsuit in another state he has?
Cynthia Jean Nelson
Cynthia Jean Nelson
answered on Jun 29, 2012

No. Call the trustee assigned to his case, or the United States Trustee's office through the Department of Justice with the Federal government.

1 Answer | Asked in Bankruptcy for California on
Q: Can "Promissory Notes" be discharged under a Bankruptcy Case Chapter 7?
Andrew Bresalier
Andrew Bresalier
answered on May 4, 2012

Generally yes; however, in some instances they may not, such as:

If the underlying debt was for something that was not dischargeable (See Bky Rules 523 & 727) or if the Note is secured and you want to keep the secured item (i.e. Mortgage or Car Loan).

1 Answer | Asked in Bankruptcy for California on
Q: Can I file a reaffirmation after a chtp. 7 discharge 2 yrs ago?

I filed BK and WAS NEVER told of the reaffirmation of debt form. I am attempting to modify my laon and being told I need to do tis first. Well I have been discharged over 2 yrs. Do I have any recourse

Jon G. Brooks
Jon G. Brooks
answered on Feb 11, 2012

When you say that you are attempting to "modify" your loan, I assume that you are talking about a loan secured by a home, not a car, since auto loans are never "modified." If I am correct that you are referring to a home mortgage, then there is absolutely no reason to reaffirm a... View More

1 Answer | Asked in Bankruptcy for California on
Q: Upstate management agency called me and some how convinced me that I had to pay or else I would be served the next day

I gave them my debt card info and they withdrew 304 now I can't get into contact with them to let them know that I found out that this is a scam.. is there anything I can do to get my money back?

Jeffrey Moore
Jeffrey Moore
answered on Feb 4, 2012

Contact the bank that issued the ATM card. At the very least you need to get a new card issued so that Upstate does not continue to withdraw funds from your account. I am not sure what you mean by 'a scam', but if appropriate you should also report the matter to law enforcement.

1 Answer | Asked in Bankruptcy for California on
Q: Where am I supposed to File the procedural form B240B for my Reaffirmation agreement?
Jeffrey Moore
Jeffrey Moore
answered on Jan 25, 2012

All US Bankruptcy Court forms are to be filed with the Clerk in the court that has jurisdiction of the underlying petition.

1 Answer | Asked in Bankruptcy for California on
Q: I am a defendant in a state court complaint filed against me as Pastor where were are a congregational church

Four members filed this in the name of the church as to trying to oust me as Pastor. I am in a confirmed 13 and they are creditors, they filed a motion for no stay, it was granted by default. I filed contempt against for the court order, they filed no opposition, judge did not grant the sanctions... View More

Jeffrey Moore
Jeffrey Moore
answered on Jan 23, 2012

If a creditor files a Motion for Relief from Automatic Stay and it's granted, the creditor can proceed in state court. It does not matter whether the Motion for Relief from Stay was granted by default or after hearing. Most courts would not grant the Motion even by default if it had no merit... View More

1 Answer | Asked in Bankruptcy for California on
Q: Will Ch 13 Bankruptcy force the bank to do loan mod with homeowner?

If the homeowner was denied loan modification before, will filing ch 13 bankruptcy help the homeowner to have a better chance of getting loan modification?

Jeffrey Moore
Jeffrey Moore
answered on Jan 23, 2012

No, it won't force a permanent loan modification, but it can be helpful in dealing with your home mortgage in other ways.

A Chapter 13 plan is especially useful if you have fallen behind on your mortgage and you want a payment plan to catch up. It may also give added leverage in...
View More

1 Answer | Asked in Bankruptcy for California on
Q: If my mother already claims bankrupcy chapter 7 last year is she still able to claim bankrupcy on her house that.

Was sold at auction ? Then we were told to file an adversary complaint.

Jeffrey Moore
Jeffrey Moore
answered on Jan 19, 2012

Your mother can file a Chapter 13 bankruptcy, but she won't receive a discharge if she received one last year. A discharge can only be granted every 8 years. If the house was already sold at a Trustee's Sale the debt was probably erased -- unless she had an equity line of credit.... View More

1 Answer | Asked in Bankruptcy for California on
Q: What is a spousal waiver of right to claim exemptions pursuant to ccp 703.140(a)?
Jeffrey Moore
Jeffrey Moore
answered on Jan 19, 2012

This is a form some Districts use when on spouse is filing bankruptcy individually (without the other spouse) and wants to use the exemption system under CCP 703.140(a) instead of CCP 703.140(a).

I suggest you look at the following link that explains the election of exemption system in...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.